scholarly journals ENVIRONMENTAL PROTECTION FROM THE ASPECT OF CRIMINAL LAW

2021 ◽  
Vol 8 (1) ◽  
pp. 129-151
Author(s):  
Gordana Mršić
Keyword(s):  
Environmental Protection ◽  
Criminal Law

Title XX Environment

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Policy Making ◽  
Environmental Law ◽  
Case Law ◽  
Legal Basis ◽  
Common Concern ◽  
Law And Policy ◽  
Dense Set ◽  
The Eu

The environment does not respect man-made borders, and is of common concern and interest of all mankind. As such, it is an area that merits and requires cross-border law and policy making par excellence. This should be reflected in the strong role played by the EU, which has a firm Treaty mandate and duty to protect the environment, features a rich body of case law, and boasts a dense set of secondary legislation. The very good reasons for this notwithstanding, it remains a remarkable development considering the absence of any reference to the environment in the original Treaties. Although a programme for action in this area was soon adopted in 1973, only in the 1986 SEA was an environmental legal basis introduced. Much of the initial environmental acquis was therefore developed by the Commission, the Council, and later the EP on the basis of other Treaty provisions, such as (now) Articles 114, 115, and 352 TFEU. EU environmental protection also owes a debt to the ECJ, which included it in the legitimate objectives on the basis of which MS could derogate from the free movement provisions. The Court has interpreted the provisions of EU environmental law generally in a protective manner, and endorsed the use of criminal law for the effective enforcement of EU environmental legislation.

The Impact of International and European Law on the Development of Environmental Protection Through Criminal Law in Poland

2019 ◽  
Vol 11 (1) ◽  
pp. 49-63
Author(s):  
Rafał Łyżwa
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Criminal Law ◽  
Washington Dc ◽  
Legal Regulations ◽  
The European Union ◽  
Natural Ecosystems ◽  
Effective Protection ◽  
Wild Fauna ◽  
The Impact

The issue of environmental protection through criminal law is primarily associated with the fight against the most serious attacks on the environment. The progressive degradation of natural ecosystems, which is an important consequence of the development of human civilisation, has shown that one of the most important challenges of modern man is to provide the environment with adequate and effective protection. It should be emphasized that although the main burden of such protection is implemented through administrative law and to a lesser degree through civil law instruments, the use of criminal law in environmental protection as an ultima ratio of this protection has proved to be absolutely necessary. Legal regulations regarding the criminal law protection of the environment in Poland have gone a long way in terms of development. It should be emphasized, however, that the shape and development of criminal law protection of the environment in Poland has been significantly influenced by European legislation, which was obviously related to Poland’s accession to the European Union in 2004 and international law, in particular the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973 in Washington, DC, and the Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, which was opened for signature in Basel on March 22, 1989. The article presents the most important issues related to the impact of European and international law on the development of environmental protection through criminal law in Poland.

scholarly journals Environmental protection through criminal law

2011 ◽  
Vol 45 (2) ◽  
pp. 237-247
Author(s):  
Tatjana Lukic
Keyword(s):  
Environmental Protection ◽  
Criminal Law

scholarly journals Tackling Environmental Crimes in Russia: Problems and Prospects from the Viewpoint of Building an Environmental and Legal Culture

2019 ◽  
Vol 13 (1) ◽  
pp. 114-124
Author(s):  
Aleksandr Ivanov
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Legal Culture ◽  
Legal Liability ◽  
Environmental Legislation ◽  
Sociological Study ◽  
Nature Protection ◽  
The Public ◽  
Protection Legislation ◽  
Environmental Crimes

The author presents a brief historical overview of the institute of environmental-legal liability in Russian and foreign legislation and examines the relevance of introducing the concept of environmental-legal liability; the author also analyzes the discussion on including in Russian and foreign legislation a system of criminal law liability measures for crimes connected with the use of natural resources and environmental protection. The author examines views of Russian and foreign authors on the process of building environmental legislation and notes that it faces various problems. The greatest problem is that the public conscience is not ready for criminal law prohibitions in the environmental sphere, which leads to a high number of offences, the inability of law enforcement bodies to effectively use criminal law measures against people who have violated the nature protection legislation, the latent character of this group of crimes, the absence of unity and consistency in the actions of lawmakers, especially regarding the adoption of environmental normative legal acts at different levels. The author suggests replacing some concepts and norms used in Russian criminal legislation and changing the classification of environmental crimes. He uses the methods of comparative law to analyze the experience of creating a codified normative legal act in the sphere of nature protection. The author concludes that it is too early now to adopt an environmental code in Russia, that the legal system is not ready to build the institute of environmental legal liability and that it is necessary to develop environmental legislation through the traditional method – by including the corresponding rules in the acts of different branches of law. He examines the correlation between the existing administrative and criminal legal prohibitions and concludes that in some cases such prohibitions merge in public consciousness. The author states that the object of crime in the sphere of environmental protection is often multifaceted and complex. He presents the results of a sociological study and concludes that it is necessary to build a system of criminal law prohibitions that corresponds to the public needs and the existing level of legal culture of the people.

scholarly journals To the question about the definition of «environmental crime»

2016 ◽  
Vol 12 (1) ◽  
pp. 245-247
Author(s):  
Elena V Frolova
Keyword(s):  
Environmental Protection ◽  
Russian Federation ◽  
Criminal Law ◽  
Environmental Crime ◽  
The Russian Federation ◽  
Definition Of ◽  
Criminal Legislation ◽  
Environmental Crimes

In this article, on the basis of the analysis of scientific approaches in the theory of criminal law and criminal legislation of the Russian Federation in the field of environmental protection describes some of the problems of the definition of "environmental crimes". It seems the author's definition of "environmental crime".

KRIVIČNOPRAVNA ZAŠTITA ŽIVOTNE SREDINE U ZAKONODAVSTVU REPUBLIKE SRBIJE I STANDARDI EVROPSKE UNIJE

2021 ◽  
pp. 297-312
Author(s):  
Višnja Randjelović ◽  
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Criminal Code ◽  
The European Union ◽  
Criminal Offenses ◽  
Domestic Legislation ◽  
Social Visibility ◽  
Criminal Protection ◽  
Legislative Activities ◽  
Criminal Legislation

With the raising of the social visibility of numerous forms of injury and endangerment of the environment, as well as the raising of people's awareness of the need for wider and more intensive environmental protection, a special group of crimes aimed exclusively at environmental protection is being formulated. Criminal protection of the environment should be viewed through the basic three characteristics of criminal law - its fragmentation, accessory and subsidiarity in order for this protection to be justified and to represent the ultima ratio in environmental protection. This position is taken both in the national criminal legislation and at the level of the European Union, within the framework of whose rich legislative activities in this field the states are again appealed to criminalize and prosecute crimes against the environment, when other measures of social reaction to damage and destruction of the environment does not give satisfactory results. Comparing the criminal offenses against the environment contained in the Criminal Code of Serbia with the actions whose incrimination is proposed within the EU regulations, it can be noticed that the domestic legislation is essentially harmonized with EU law. What remains "uncovered" is criminal law protection against noise, given that noise protection is regulated in domestic legislation within the framework of misdemeanor law.

scholarly journals Legal Aspects of Environment in Indonesia: an Efforts to Prevent Environmental Damage and Pollution

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Arifin Maruf
Keyword(s):  
Law Enforcement ◽  
Community Development ◽  
Environmental Protection ◽  
Criminal Law ◽  
Environmental Law ◽  
Legal Aspects ◽  
Environmental Damage ◽  
Welfare Benefits ◽  
Environmental Balance ◽  
Good Environment

Pollution and destruction of the environment are some of the severe threats to the conservation of the environment in Indonesia. The disturbed environmental balance needs to be restored as the giver of life and welfare benefits society by improving environmental protection, community development, and optimization of environmental law enforcement. It aims to maintain the existence of nature and aimed at solving environmental problems in Indonesia, primarily the caused by human activity. this case could be through civil, administrative, or criminal law so that it can cope with and take action against perpetrators of pollution, and the destruction of the environment and create a good environment, healthy, beautiful and comfortable for all people. Keywords: Environmental Law; Environmental Damage; Indonesia.

scholarly journals Criminal law policy on environmental crimes in context of sustainable development in Vietnam

2020 ◽  
Vol 175 ◽  
pp. 14004
Author(s):  
Thi Mai Dinh ◽  
Dinh Luan Nguyen
Keyword(s):  
Climate Change ◽  
Economic Growth ◽  
Sustainable Development ◽  
Environmental Protection ◽  
Criminal Law ◽  
The Core ◽  
Global Challenges ◽  
Scope Of Application ◽  
Resource Shortage ◽  
Environmental Crimes

Balancing between economic growth and environmental protection is the core of sustainable development. However, both developed and developing countries are facing many difficulties in dealing with global challenges such as climate change, pollution and resource shortage. In an effort to promote environmental protection and legislate punishment, environmental crimes have been included in criminal law. In order to increase its effectiveness, criminal law on environmental crimes need to be further specified, such as identification of environmental offences, inclusion of new offences, expansion of scope of application, increase on fine, and supplement existing sanctions for environmental offences. These changes can bring tremendous impacts on Vietnam’s sustainable development in the nearfuture.

scholarly journals Recommendation the Renewal of Environmental Criminal Law System of Premium Toward Remedium Ultimium Remedium

2018 ◽  
Vol 7 (4.9) ◽  
pp. 255
Author(s):  
Rise Karmilia
Keyword(s):  
Environmental Pollution ◽  
Environmental Protection ◽  
Criminal Law ◽  
Environmental Crime ◽  
Legal Research ◽  
Mining Company ◽  
Law System ◽  
Research Libraries ◽  
Permanent Change ◽  
Qualitative Descriptive

The establishment of law No. 32 of the year 2009 on the management of environmental protection to provide protection for the rights of each person. The authority of the criminal judge has been limited by the enactment of the substance of legislation no. 32 Year 2009 basic enforcement provisions particularly about ultimum remedium. Environmental pollution cases such as the case of the B3 waste imported by PT Asia Pacifik Eco sustainable and mining company PT Freeport in Indonesia since the year 1967 is an example of environmental crime which has led to a permanent change. This study examines whether or not the validity period is still decent basic ultimum remedium. This research is the normative or legal research libraries and analyzed in qualitative descriptive basis.  The results obtained. 

Sign in / Sign up

Export Citation Format

Share Document